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Thread: Okay so I got some questions about open carrying?

  1. #1
    bgreene89
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    Okay so I got some questions about open carrying?

    My first question is where does the gun have to be in my vehicle? Can it be within reach? Can it be loaded? Also can it be on my belt in my holster?

    Next when someone under the age of 18 is riding in my vehicle do I have to lock up my gun sense they are a minor?(That would be storing firearms away from a minor?) And when I am shopping with it on my belt in my holster, with a minor does it still to have a lock on it? Just making sure of some laws before I go jump the gun. Some would make so sense to me at all! But better safe than sorry!




    Thanks,
    Blake

  2. #2
    Regular Member Sc0tt's Avatar
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    If you are going to have it ready for action and you dont have a CHP it must be in plain site

    The Flyer says:

    Loaded handguns on the seat or dashboard or anywhere in plain view, are legal in NC. Firearms inside consoles, under the seat, covered by a coat or other similar item are considered "concealed". Weither you weapon is loaded or unloaded in NC it makes no difference.
    I have talked to several LEO's about when I transport Firearms in a gun case. If it is in a gun case (locked) it can still be charged as concealed even if the gun case is in plain site, BUT every LEO I have spoke to says as long as it isnt readily assailable and loaded you shouldn't be charged with CCW, but that dosnt stop that one dick from charging you.

    Most important thing is if you get pulled over put you hands on the steering wheel and let them know you have a gun in the car and where it is.
    -----------------
    --SCOTT

    Si Vis Pacem Para Bellum

    "A government that is big enough to give you everything you need is beg enough to take everything you have, the course of history shows that as government incresses - liberty decreases."


    LEGAL NOTICE: I am not a lawyer, no content in the above post should considered legal advice

  3. #3
    bgreene89
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    Quote Originally Posted by Sc0tt View Post
    If you are going to have it ready for action and you dont have a CHP it must be in plain site

    The Flyer says:



    I have talked to several LEO's about when I transport Firearms in a gun case. If it is in a gun case (locked) it can still be charged as concealed even if the gun case is in plain site, BUT every LEO I have spoke to says as long as it isnt readily assailable and loaded you shouldn't be charged with CCW, but that dosnt stop that one dick from charging you.

    Most important thing is if you get pulled over put you hands on the steering wheel and let them know you have a gun in the car and where it is.
    So can i leave it loaded on my dash? OR loaded on my belt? What about with a minor riding with me?

  4. #4
    Regular Member sultan62's Avatar
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    If on your belt, make sure it isn't concealed from the officer.

    IIRC, the law regarding minors' access to the firearm requires that the firearm actually become obtained and/or used by the minor. At any rate, the weapon is in your possession, not the minor's.
    "They don't give a damn about any trumpet playing band
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  5. #5
    Regular Member Sc0tt's Avatar
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    Just watch out for this:
    Any individual who resides with a minor, who owns or possesses a firearm, and
    stores or leaves that firearm in a condition that the firearm can be discharged, and
    in a manner that the individual knew, or should have known, that an unsupervised
    minor would be able to gain access to the firearm, is guilty of a misdemeanor if such
    minor gains access to the firearm without the lawful permission of the minor's
    parents or a person having charge of the minor, and the minor in turn possesses that
    weapon unlawfully on any campus or educational property in North Carolina;
    exhibits the weapon in a public place in a careless, angry, or threatening manner;
    causes personal injury or death with the weapon not in self defense; or uses the
    weapon in the commission of a crime. A minor is defined in this law as anyone
    under the age of 18 who is not emancipated.
    Make sure you have positive control of the firearm when around a minor and its not being stored in such a way that the minor could gain possession of or discharge the firearm. I would keep it holstered but in plain site
    -----------------
    --SCOTT

    Si Vis Pacem Para Bellum

    "A government that is big enough to give you everything you need is beg enough to take everything you have, the course of history shows that as government incresses - liberty decreases."


    LEGAL NOTICE: I am not a lawyer, no content in the above post should considered legal advice

  6. #6
    Regular Member sultan62's Avatar
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    Any individual who resides with a minor, who owns or possesses a firearm, and
    stores or leaves that firearm in a condition that the firearm can be discharged, and
    in a manner that the individual knew, or should have known, that an unsupervised
    minor would be able to gain access to the firearm, is guilty of a misdemeanor if such
    minor gains access to the firearm without the lawful permission of the minor's
    parents or a person having charge of the minor
    , and the minor in turn possesses that weapon unlawfully on any campus or educational property in North Carolina;
    exhibits the weapon in a public place in a careless, angry, or threatening manner;
    causes personal injury or death with the weapon not in self defense; or uses the
    weapon in the commission of a crime. A minor is defined in this law as anyone
    under the age of 18 who is not emancipated.
    Bold emphasis added by me. Note that it requires the minor to gain access and go on to do something illegal with it.
    "They don't give a damn about any trumpet playing band
    It ain't what they call rock and roll
    And the Sultans...
    Yeah the Sultans, they play Creole"

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  7. #7
    bgreene89
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    And the law that backs that up is....

    § 14‑315.1. Storage of firearms to protect minors.

    (a) Any person who resides in the same premises as a minor, owns or possesses a firearm, and stores or leaves the firearm (i) in a condition that the firearm can be discharged and (ii) in a manner that the person knew or should have known that an unsupervised minor would be able to gain access to the firearm, is guilty of a Class 1 misdemeanor if a minor gains access to the firearm without the lawful permission of the minor's parents or a person having charge of the minor and the minor:

    (1) Possesses it in violation of G.S. 14‑269.2(b);

    (2) Exhibits it in a public place in a careless, angry, or threatening manner;

    (3) Causes personal injury or death with it not in self defense; or

    (4) Uses it in the commission of a crime.

    (b) Nothing in this section shall prohibit a person from carrying a firearm on his or her body, or placed in such close proximity that it can be used as easily and quickly as if carried on the body.

    (c) This section shall not apply if the minor obtained the firearm as a result of an unlawful entry by any person.

    (d) "Minor" as used in this section means a person under 18 years of age who is not emancipated. (1993, c. 558, s. 2; 1994, Ex. Sess., c. 14, s. 11.)

  8. #8
    bgreene89
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    And that makes sense if there unsupervised then the gun should be locked up. If they are supervised then its okay I go along with that. Now what about the transporting law can I leave it loaded ready and accessible in plain view in my vehicle? If not then what can I do? And another thing whats this gattop law? And can you open carry on the sidewalks in town?

  9. #9
    Regular Member elixin77's Avatar
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    as long as its your pistol, yes. what i did before I got my CHP was unholster my gun, put it on the passenger side seat, and went about my business.

    if you get pulled over, since it is in the open, you do not have to notify the officer that you have a gun. just make sure that the gun is on the passenger seat or the dashboard. make it as conspicuous as possible.

    rifles and shotguns must be unloaded. keep them far away from you as possible, but ammo can be right next to it. if you have multiple pistols, then i'd say put them with the rifles and shotguns as well, probably unloaded. just make sure everythings in plain sight (unless you have a trunk, in which case you have nothing to worry about)
    Taurus PT1911 .45 ACP. Carried in condition 1, with a total of 25 rounds.

    Vice President of Students for Concealed Carry on Campus, ECU Chapter

  10. #10
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    Quote Originally Posted by elixin77 View Post
    rifles and shotguns must be unloaded. keep them far away from you as possible, but ammo can be right next to it.
    Help me out with this.

  11. #11
    Regular Member elixin77's Avatar
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    Quote Originally Posted by calynn View Post
    Help me out with this.
    taken from http://www.grnc.org/firearms.htm

    D. Transporting Weapons

    Given this general prohibition of carrying concealed weapons, individuals must be ever vigilant

    to ensure their particular situation cannot be construed as concealing a weapon, either on or about

    them, without being properly authorized to do so with a valid North Carolina, or recognized out-ofstate

    concealed handgun permit. Therefore, the permittee's accessibility to the weapon is of prime

    importance. It is for these reasons, that when transporting a weapon in a vehicle, even greater care

    must be exercised to ensure that the weapon is not concealed, and within the ready access to an

    occupant of the vehicle. North Carolina law does not specifically address how to transport a weapon

    in an automobile. Therefore, the central question becomes: when is the weapon concealed and

    17

    readily accessible to an occupant of an automobile? Obviously, a weapon would be concealed and

    readily accessible, and therefore in violation of North Carolina law, if it were placed in such areas

    of a vehicle as under the seat of the automobile; in a bag in the back seat; or in some other manner

    is covered or hidden within the easy reach of an occupant of the vehicle. It is our recommendation

    that firearms should not be carried in a glove compartment regardless of whether the compartment

    is locked or not.

    While a weapon carried openly in an automobile would not be concealed, there are other

    problems specific to this method of carrying a weapon. The principal drawback, of course, is in the

    event of an individual being stopped by a law enforcement official, the officer may not readily know

    that individual's purpose and intent for carrying a weapon. As such, it is imperative that an

    individual immediately notify an officer of the presence of any weapon in the automobile, for the

    officer's and the vehicle's occupants' safety. Another obvious drawback is that a valuable weapon

    may be in plain view for potential thieves to see. The prohibition to carrying concealed weapons

    applies not only to handguns and other weapons commonly thought of as being easily hidden, but

    also to "long guns" as well. Therefore, shotguns and rifles concealed behind the seat of pickup

    trucks, and elsewhere in other vehicles, could similarly violate North Carolina law.

    As to those vehicles with no easily discernible trunk area (i.e., vans, etc.), the question arises

    on a factual determination of when the weapon is within ready and easy access to an occupant of the

    vehicle. If the weapon is concealed near, in close proximity to, or within the convenient control and

    access of an occupant, which would allow him/her to use the weapon quickly, then a fair probability

    exists that the occupant is in violation of the law. Therefore, care must be exercised by any occupant

    of any vehicle to ensure that weapons are securely locked away in as remote an area as possible, in

    relation to the passenger compartment of the vehicle. It is important to emphasize that these

    prohibitions apply to passengers, as well as drivers of any vehicle.
    Basically, if its in the open, it shouldn't be readily available (unless you intend on open carrying your pistol, then its best for it to be on the passenger seat or the dash [only the dash if/when you get pulled over, as it is technically illegal to drive a vehicle with anything on the dash]).

    If you are going to the range, put the guns as far away from you as possible. The trunk is the best, as they are completely out of reach - just notify the LEO if you get pulled over. If you have a SUV (like me), then put them in the back, but leave them uncovered - they need to be in plain sight.

    You shouldn't have any trouble at all if your going hunting/going to the range, but there are some officers that are just dicks in general (there are those types of people in every group, so I'm not LEO bashing).

    Just be level headed, and you'll be fine.
    Taurus PT1911 .45 ACP. Carried in condition 1, with a total of 25 rounds.

    Vice President of Students for Concealed Carry on Campus, ECU Chapter

  12. #12
    Regular Member rotorhead's Avatar
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    You could always paint the tip of the barrel orange so they can see it better.......nevermind......

  13. #13
    bgreene89
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    Quote Originally Posted by elixin77 View Post
    taken from http://www.grnc.org/firearms.htm



    Basically, if its in the open, it shouldn't be readily available (unless you intend on open carrying your pistol, then its best for it to be on the passenger seat or the dash [only the dash if/when you get pulled over, as it is technically illegal to drive a vehicle with anything on the dash]).

    If you are going to the range, put the guns as far away from you as possible. The trunk is the best, as they are completely out of reach - just notify the LEO if you get pulled over. If you have a SUV (like me), then put them in the back, but leave them uncovered - they need to be in plain sight.

    You shouldn't have any trouble at all if your going hunting/going to the range, but there are some officers that are just dicks in general (there are those types of people in every group, so I'm not LEO bashing).

    Just be level headed, and you'll be fine.
    So can I leave it loaded in plain sight ready and accessible while driving down the road? Because i printed off a flyer on this website that says

    "What about while Driving?"
    " Loaded Handguns on the seat or dashboard, or anywhere in plain view, are legal in North Carolina. Firearms inside consoles, under the seat, or covered by a coat or similar object are considered "concealed". Whether your weapon is loaded or unloaded makes no difference in North Carolina"

    My question is where is the statue that backs all this up?

  14. #14
    bgreene89
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    Because if its got to be unloaded or not within my reach then what good is the thing going to be if someone walks up to me and trys to rob me and throws a gun in my face?

  15. #15
    Regular Member sultan62's Avatar
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    Remember, bgreene, laws do not tell us what we can do. They tell us what we cannot do.

    There is no law in NC saying that we cannot open carry in a vehicle or anywhere else.
    "They don't give a damn about any trumpet playing band
    It ain't what they call rock and roll
    And the Sultans...
    Yeah the Sultans, they play Creole"

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  16. #16
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    It really doesn't matter where it is in your car while you're driving.

    Hear me out here...

    Contrary to many scenarios I have read on here, a "ready" handgun stored in your center console or my favorite, stuck between the seat and the console can EASILY and DISCREETLY be moved to plain view such as your dash or an empty front passenger seat between the time blue lights start flashing and when the officer is at your door.

    I consider it polite to have my window down, interior lights on, and both hands on the steering wheel when the officer arrives at my window. I feel they appreciate that, especially at night, and especially when they see the firearm. That appreciation can help turn a ticket into a warning when dealing with a reasonable LEO.
    "In the beginning of a change the patriot is a scarce man, and brave, and hated and scorned. When his cause succeeds, the timid join him, for then it costs nothing to be a patriot." - Mark Twain

    I don't bother with pragmatic statistics while discussing my constitutional rights. The issue is far less complex, to me. Free men should be able to act like free men.

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    Quote Originally Posted by bgreene89 View Post
    And the law that backs that up is....

    § 14‑315.1. Storage of firearms to protect minors.

    (a) Any person who resides in the same premises as a minor, owns or possesses a firearm, and stores or leaves the firearm (i) in a condition that the firearm can be discharged and (ii) in a manner that the person knew or should have known that an unsupervised minor would be able to gain access to the firearm, is guilty of a Class 1 misdemeanor if a minor gains access to the firearm without the lawful permission of the minor's parents or a person having charge of the minor and the minor:

    (1) Possesses it in violation of G.S. 14‑269.2(b);

    (2) Exhibits it in a public place in a careless, angry, or threatening manner;

    (3) Causes personal injury or death with it not in self defense; or

    (4) Uses it in the commission of a crime.

    (b) Nothing in this section shall prohibit a person from carrying a firearm on his or her body, or placed in such close proximity that it can be used as easily and quickly as if carried on the body.

    (c) This section shall not apply if the minor obtained the firearm as a result of an unlawful entry by any person.

    (d) "Minor" as used in this section means a person under 18 years of age who is not emancipated. (1993, c. 558, s. 2; 1994, Ex. Sess., c. 14, s. 11.)
    It should be noted that it only applies if you LIVE in a house with a minor, see the bolded portion.

  18. #18
    Regular Member sultan62's Avatar
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    Quote Originally Posted by Smith45acp View Post
    It really doesn't matter where it is in your car while you're driving.

    Hear me out here...

    Contrary to many scenarios I have read on here, a "ready" handgun stored in your center console or my favorite, stuck between the seat and the console can EASILY and DISCREETLY be moved to plain view such as your dash or an empty front passenger seat between the time blue lights start flashing and when the officer is at your door.

    I consider it polite to have my window down, interior lights on, and both hands on the steering wheel when the officer arrives at my window. I feel they appreciate that, especially at night, and especially when they see the firearm. That appreciation can help turn a ticket into a warning when dealing with a reasonable LEO.
    +1
    "They don't give a damn about any trumpet playing band
    It ain't what they call rock and roll
    And the Sultans...
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  19. #19
    Regular Member CDT COX's Avatar
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    What if i'm carrying in the passenger seat of someones car, weapon on my right side. What to do if stopped buy a cop?

  20. #20
    Regular Member smlawrence's Avatar
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    Quote Originally Posted by Smith45acp View Post
    It really doesn't matter where it is in your car while you're driving.

    Hear me out here...

    Contrary to many scenarios I have read on here, a "ready" handgun stored in your center console or my favorite, stuck between the seat and the console can EASILY and DISCREETLY be moved to plain view such as your dash or an empty front passenger seat between the time blue lights start flashing and when the officer is at your door.

    I consider it polite to have my window down, interior lights on, and both hands on the steering wheel when the officer arrives at my window. I feel they appreciate that, especially at night, and especially when they see the firearm. That appreciation can help turn a ticket into a warning when dealing with a reasonable LEO.
    +2
    "God, Guns, & Guts Made America, Lets Use All 3!!!"

  21. #21
    Regular Member elixin77's Avatar
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    Quote Originally Posted by CDT COX View Post
    What if i'm carrying in the passenger seat of someones car, weapon on my right side. What to do if stopped buy a cop?
    When I rode shotgun with Dreamer a few times, I would have my gun on my thigh, and my hand resting on it so it wouldn't move around. If something did happen, I'd immediately put it on the dash, and cross my arms. was fine traveling that way
    Taurus PT1911 .45 ACP. Carried in condition 1, with a total of 25 rounds.

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  22. #22
    Regular Member Dreamer's Avatar
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    Quote Originally Posted by elixin77 View Post
    If something did happen, I'd immediately put it on the dash, and cross my arms. was fine traveling that way

    Yeah, but I drive like a paranoid grandpa, so the chances of anything happening are pretty slim... :P

    The other answer to this dilemma is to just get your CHP. If you've got a permit, you can leave your firearm in the holster on your hip while driving--where it belongs...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
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  23. #23
    bgreene89
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    Well can i have it loaded and in plain view? In my vehicle?

  24. #24
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    Most times I keep the weapon between the seats with the butt sticking up.
    When I was pulled over I just pulled it out and laid it on the dash as soon as I seen a LEO behind me.

    I carry with a loaded mag and one in the pipe, Never had a problem with LE because one was in the chamber.
    Last edited by hotrod8812; 12-15-2010 at 09:28 AM.

  25. #25
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    NC law says NOTHING about loaded or unloaded... I carry fully loaded and more... Your gun is useless if its not within EASY reach and ready to do its job...... A gun is only concealed to a LEO and no one else.... If you get the blue lights behind you... move it to a open spot... it should be so easy to retrieve that you shouldn't even move your upper body to get it... so the LEO wouldn't think anything was "fishy"..
    I have my kids with me 90% of the time...16yo/8yo... Both know not to touch ANY gun... If they feel the need to touch or handle one... all they do is ask and I stop doing what ever it was I was doing and clear it..show them I cleared it... and they make sure its cleared.. then they can handle it...as a loaded weapon... I didn't gun proof my house... I gun proofed my kids....

    Hope this helps
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